III. FAIR �������������������������������������������������� TRIAL AND ASSOCIATED RIGHTS OF THE DEFENDANT One of the principal goals of the Trial Monitoring Programme is to enhance observance of fair trial rights in Moldova. �������������������������������������������������������������������� The focus of this chapter is on fair trial standards and the rights of the defendant inherent in the notion of a fair trial. The legal analysis is built upon factual events directly observed through trial monitoring. These are commented upon from the perspective of Article 6 of the European Convention59 and Moldovan criminal procedure law.60 The European Court in its case law has repeatedly underscored the importance of Article 6, holding that, “In a democratic society within the meaning of the Convention, the right to a fair administration of justice holds such a prominent place that a restrictive interpretation of Article 6 paragraph 1 would not correspond to the aim and the purpose of that provision.”61 The right to a fair trial is often explained in two dimensions: the principle of equality of arms and the fundamental right that criminal proceedings should be adversarial.62 States have a positive obligation to establish and maintain an independent and impartial judiciary with full competence to review and issue final decisions in civil and criminal cases. Courts must conduct proceedings in conformity with both the procedural standards set forth in key international human rights instruments and those prescribed within the domestic legal system. The European Court approach is to look at the “entirety of domestic proceedings” when deciding whether the proceedings meet the standards of fairness required by Article 6.63 Therefore, rights attached to a fair trial apply through all stages of the procedure, including not just hearings before the court but also the pre-trial proceedings, appeal and cassation levels of jurisdiction. Before proceeding to an analysis of fair trial rights and standards, it must be emphasized that this chapter cannot offer a comprehensive and exhaustive analysis of all fair trial rights and procedural guarantees provided by Article 6 of the European Convention and relevant domestic legislation. That is beyond the scope of the Trial Monitoring Programme. Rather, the chapter analyses the main rights stemming from Article 6 through observation over time of court hearings without following the development of cases from beginning to end. The trial monitors did not have the task of assessing the substance of the application of the law. Their task was to observe and report on procedural compliance and the appearance of how “justice is done.” Summaries of the relevant international standards of fair trial that guided the Trial Monitoring Programme are given in the beginning of each section of the current chapter of this Final Report. 59 European Convention on Human Rights, Rome, 4 November 1950, ratified by the Republic of Moldova on 12 September 1997. 60 ����������������������������� Relevant guarantees from the Constitution of the Republic of Moldova, adopted on 29 July 2004, the Criminal Procedure Code, adopted by Law No. 122-XV of 14 March 2003, entered into force on 12 June 2003, and other organic laws related to criminal proceedings. 61 ���� See Delcourt v. Belgium, Judgment of the European Court, 17 January 1979, para. 25. 62 ���� See Belziuk v. Poland, Judgment of the European Court, 25 March 1998, para. 37. 63 ���� See Granger v. United Kingdom, Judgment of the European Court 28 March 1990, para. 44; Imbrioscia v. Switzerland, Judgment of 24 November 1993, para. 38. 49